SUMMARY: When children are adjudicated and under the jurisdiction of a juvenile court, the parental preference doctrine is not controlling and the best interests of the children is the proper test.
County court for Dodge County granted consent for Cole C. and Patricia C., the guardians of Eric O. and Shane O., to take the two boys with them when they moved to Texas. Children had been adjudicated neglected or dependent or in need of special supervision. The boys’ natural father, Jerry R., filed motion objecting to the move and requesting that children be placed with him, or in the alternative, with his parents. Interstate Compact on the Placement of Children (ICPC- §43-1101) did not apply in this proceeding in which court-appointed co-guardians of children sought consent of court to move out-of-state with children, as ICPC did not apply to sending or bringing of a child into a receiving state by his guardian. Jerry argues that he is a natural parent seeking placement of his children with him, meaning that the “parental preference” doctrine must be considered.
The parental preference doctrine is inapplicable when children are adjudicated and under jurisdiction of a juvenile court; instead, the best interests of the children is the paramount consideration when the juvenile court makes decisions concerning the children, including whether their guardians can move them out-of-state. The Court of Appeals of Nebraska considered the fact that Shane and Eric have resided with Cole and Patricia for nearly 6 years and have done so with Jerry’s consent since at least April 25, 1997. The court also considered that Jerry agreed custody of Shane and Eric with Cole and Patricia was in the boys’ best interests. It was not an abuse of discretion to assess the best interests of the children without the intervention of DHHS. The court concluded that it was in the best interests of Shane and Eric that they remain in the custody of Cole and Patricia, their guardians. Cole and Patricia were granted permission to take the children with them when they move to Texas.